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njcourts.gov
… and performing any other necessary clerical work to support supervisors. These tasks required Haviland to spend … 420 N.J. Super. 321, 324 (App. Div. 2011). An agency determination should not be reversed "unless it is arbitrary, … Id. at 172. The party challenging the administrative determination bears the burden of proof. Boyle v. Riti, 175 …
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njcourts.gov
… may have a basis to reopen that judgment, but it does not support reopening this one. 5 A-2275-19 foreclosure action," … in accord with Rule 1:6-6, it also doesn't appear to support defendant's argument. The document states the item … Street in the 11249 zip code area, the document does not support that delivery was attempted at 6:17 a.m. as IMJ1 …
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njcourts.gov
… force). The judge found defendant offered nothing at all to support his assertion he was provoked by the victim, and no proof to support his claims of domestic violence — no hospital record … expert report or any certification from the victim's sister supporting his claim that she was aware he was the victim of …
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njcourts.gov
… THAT HIS ATTORNEY FAILED TO PRESENT AN ALIBI WITNESSS IN SUPPORT OF THE DEFENSE AT TRIAL. POINT IV: THE PCR COURT … to the PCR court's factual findings on a PCR petition when supported by adequate, substantial, and credible evidence. … however, receive no deference, and we review those determinations de novo. Ibid. (citing Toll Bros., Inc. v. Twp. …
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njcourts.gov
… [him]" and "never conducted any investigations." No other supporting certifications or affidavits were submitted. … under the abuse of discretion standard the PCR court's determination to proceed without an evidentiary hearing."); … v. Kentucky, 559 U.S. 356, 372 (2010)). The latter determination should be "based on evidence, not speculation." …
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njcourts.gov
… filed a motion for summary judgment. The motion was supported by a certification of a vice president, which … "[s]uch a claim 5 A-1305-17T4 cannot be sustained with unsupported conclusory statements. The pleading is deficient … predatory lending, let alone newly discovered evidence to support such a defense. Indeed, defendants refer to a …
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njcourts.gov
… POSTCONVICTION RELIEF COURT UNDERLYING ITS DENIAL WERE NOT SUPPORTED BY THE RECORD ESTABLISHED AT THE HEARING. Mindful … (2013). "[W]e will uphold the PCR court's findings that are supported by sufficient credible evidence in the record." … with defendant . Giving deference to this credibility determination, we conclude that the PCR court's finding that …
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njcourts.gov
… was not arbitrary, capricious, or unreasonable and was supported by substantial, credible evidence in the record. I … obtaining employment in law enforcement so long as the determination is made by looking at the totality of the … We discern no abuse of discretion in the Commission's determination that appellant's two arrests and multiple …
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njcourts.gov
… did not present competent or credible evidence to support its position that petitioner "could work in some … disturb the judge's factual findings so long as they are supported by sufficient credible evidence. Paul v. Baltimore … We find no basis to second- guess the judge's credibility determinations, and we conclude that the decision is supported …
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njcourts.gov
… in the State's correctional system, appeals from a final determination of the New Jersey Department of Corrections … capricious, or unreasonable, or that it lacks fair support in the record." J.B. v. N.J. State Parole Bd., 229 … there is sufficient evidence in the record to support a determination that Adams is not eligible for a halfway-house …
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njcourts.gov
… II. On appeal, Wilson does not contest the Commission's determination that she committed the various offenses with … capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. This same deferential … Our review makes plain the Commission's decision is supported by sufficient credible evidence and that the …
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njcourts.gov
… requiring a member to submit an expense report with supporting receipts to KSTV in order to receive … by the trial judge are considered binding on appeal when supported by adequate, substantial and credible evidence."). … 9 A-0355-17T1 established for expense reimbursement is supported by substantial credible evidence in the record. To …
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njcourts.gov
… also considered various mitigating factors in its parole determination. The panel noted Battle participated in … unless "arbitrary, capricious, or unreasonable, or [] not supported by substantial credible evidence in the record as … 347 N.J. Super. 544, 565 (App. Div. 2002). The Board's determination is supported by sufficient credible evidence and …
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njcourts.gov
… in a single point: THE PCR COURT'S FACTUAL FINDINGS DO NOT SUPPORT ITS DETERMINATION THAT DEFENDANT FAILED TO ESTABLISH THAT SHE WAS … that the judge's "factual findings do not support [his] determination that [she] failed to establish prejudice under …
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njcourts.gov
… findings by the trial [judge] are binding on appeal when supported by adequate, substantial, credible evidence. … are] convinced that 4 A-1897-18T4 they are so manifestly unsupported by or inconsistent with the competent, relevant … (citation omitted). In addition, the judge made legal determinations. We review issues of law de novo. Id. at 438 …
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njcourts.gov
… OF THE RECORD. POINT V THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT THE FINDINGS OF DOMESTIC VIOLENCE AND THE NEED FOR … of the evidence is testimonial and implicates credibility determinations. Cesare v. Cesare, 154 N.J. 394, 412 (1998). We … an FRO pursuant to the PDVA, the judge must make two determinations. Silver v. Silver, 387 N.J. Super. 112, 125- 27 …
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njcourts.gov
… SCVTF penalty, and (3) provide a statement of reasons to support the amount of any SCVTF penalty imposed. State v. … to pay, nor did it provide a statement of reasons in support of its decision to impose the maximum $750 SCVTF … ability to pay, and provide a statement of reasons to support the amount of the SCVTF penalty imposed. The …
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njcourts.gov
… he was lawfully standing, because it is a public street, supports application of the plain view doctrine." The motion … we defer to the findings of fact and credibility determinations of the trial judge, recognizing that he or she … We will uphold the trial judge's decision so long as it is "supported by sufficient credible evidence" and not "so …
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njcourts.gov
… manner, not simply to break the display case. In his supporting certification, defendant stated: Before entering … we should not disturb "'the PCR court's findings that are supported by sufficient credible evidence in the record.'" … to render proper advice. We find nothing in the record to support defendant's assertion that counsel failed to advise …
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njcourts.gov
… referred the matter to a three-member Board panel for determination of an FET, which that panel set at 120 months. … also avers, "failed to consider or mention the letters of support written by [his] daughter." The standard of review … decisions applies to our review of the Parole Board's determinations. Trantino v. N.J. State Parole Bd. (Trantino …